It was further held that direction of the High Court is at par with the direction of an administrative superior public servant to file a complaint in writing in terms of the statutory requirement. On the basis of this writ petition with the interpolated or substituted pages and the purported order dated 25th May, 1990 filed during the course of hearing, a learned Single Judge of the Allahabad High Court, Lucknow Bench passed orders on 4th June, 1990 directing the State Government to act in accordance with the purported order dated 25th May, 1990. Procedure where dispute concerning land or water is likely to cause breach of peace. Record in summons cases and inquiries. Release of accused when evidence deficient. Proof of service in such cases and when serving officer not present.
Disposal of things found in search beyond jurisdiction. These amendments have been made prior to the enactment of the Code of Criminal Procedure Amendment Act, 1978 Central Act 45 of 1978 , sec. Rahul Verma is one of the respondents in Criminal Appeal No. Power of the Court in plea bargaining. Particulars as to time, place and person. The above-mentioned ingredients must be satisfied.
The purpose should be that the circumstance may appear in a judicial proceeding. Inquiry as to truth of information. In every case where evidence is taken down under section 275 or section 276, — a If the witness gives evidence in the language of the court, it shall be taken down in that language: b If he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the court shall be prepared as the examination of the witness proceeds, signed by the Magistrate or Presiding Judge, and shall form part of the record; c Where under clause b evidence is taken down in a language other than the language of the court, a true translation thereof in the language of the court shall be prepared as soon as practicable, signed by the Magistrate or Presiding Judge and shall form part of the record: Provided that when under clause b evidence is taken down in English and a translation thereof in the language of the court is not required by any of the parties, the court may dispense with such translation. Subs by Act 45 of 1978. A person offers bribe to a government servant. An Executive Magistrate may pass a sentence of imprisonment of a term not exceeding three years or of fine not exceeding five thousand rupees, or both. Consequently, the second and third questions do not arise or are, at best, academic in nature and need not be answered.
In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal may be proved, in addition to any other mode provided by any, law for the time being in force, — a By an extract certified under the hand of the officer having the custody of the records of the court in which such conviction or acquittal was held, to be a copy of the sentence or order, or b In case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered. The entire record of the High Court was summoned and both the counsels for the parties, namely, Sri Amarendra Nath Singh and Sri D. But the provisions of this section cannot be evaded by resorting to devices or camouflages. Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant. Protection against prosecution for acts done under preceding sections. The bar is not intended to take away remedy against a crime but only to protect an innocent person against false or frivolous proceedings by a private person.
The above contents were reproduced to make you clear that any action intended to take shall be for a case in te court and not taking any action directly by invoking the above said laws. Kanakaiah, the learned Counsel representing the petitioner would submit that in the facts and circumstances of the case, the learned Judicial Magistrate of First Class Huzurnagar, Nalgonda District had not appreciated the facts and circumstances properly and declined to frame additional charges for the offences punishable under Sections 195 and 211, I. Sivamani, , decided on 01. A person may be bound by oath or by any other law to state the truth and despite that if he makes false statement, he will be treated as giving false evidence. Prosecution for offences against marriage.
Transfer on application of the accused. Further, since the payment is usually remitted directly abroad it cannot be held to have been received by or on behalf of the agent in India. Added by Act 45 of 1978, sec. Assistance in securing transfer of persons 1 Where a court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate, through such authority, as the Central Government may, by notification, specify in this behalf and that court, Judge or Magistrate, as the case may be, shall cause the same to be executed. Withdrawal of remaining charges on conviction on one of several charges. Such direction cannot be rendered futile by invoking Section 195 to such a situation.
Act, 17 of 1985, sec. However, a bare comparison between section-194 and 195 will go to show otherwise. Power to impound document, etc. The complaint must be in writing by the public servant concerned. Medical examination of the victim of rape. The following sub-section shall be submitted.
Judgment in cases tried summarily. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. The court may infer from this that A was misled, and that the error was material. State, held that—Section 195 of Cr. Coming now to the specifics in respect of the example aforesaid. A court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest- a if either before the issue of summons, or after the issue of the same but before time fixed for his appearance, the court sees reason to believe that he has absconded or will not obey the summons; or b if, at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.